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PLANNING REPORT DEVELOPMENT OF A DWELLING CA17 and CA16 ALEXANDRA AVENUE ARARAT Prepared by: ANDREW LACEY B.App. Sci (Planning) Grad. Dip. U & R Planning M.P.I.A. PPP 2020- 020 Client: GJ Gardner Homes May 2020 A.B.N. 89 811 694 075

PLANNING REPORT DEVELOPMENT OF A DWELLING CA17 and … · Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat Pierrepoint Planning PO Box 5003

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  • PLANNING REPORT

    DEVELOPMENT OF A DWELLING

    CA17 and CA16 ALEXANDRA AVENUE ARARAT

    Prepared by:

    ANDREW LACEY

    B.App. Sci (Planning) Grad. Dip. U & R Planning

    M.P.I.A.

    PPP 2020- 020

    Client: GJ Gardner Homes

    May 2020

    A.B.N. 89 811 694 075

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 2 of 19

    CONTENTS

    1 Introduction .......................................................................................................................... 3 2 Title Descriptions of the Land ............................................................................................... 4

    3 Existing Conditions ............................................................................................................... 5 4 The Proposal ......................................................................................................................... 7

    4.1 Site Context ......................................................................................................... 9 5 Planning Policy Framework ................................................................................................ 11

    5.1 Clause 15.03-1S Heritage Conservation ............................................................. 11 6 Local Planning Policy Framework ....................................................................................... 11

    6.1 Clause 21.04 Environment ................................................................................. 11 7 Zoning - General Residential 1 Zone ................................................................................... 12

    8 Heritage Overlay (HO1066) ................................................................................................ 14 9 Design and Development Overlay (Schedule 4)................................................................... 17

    10 Removal of Vegetation ........................................................................................................ 17 11 Conclusion .......................................................................................................................... 18

    APPENDICES

    Appendix A – Certificates of Title

    Appendix B – Site and Context Photographs

    Appendix C – Suite of Dwelling Plans

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 3 of 19

    1 Introduction

    This report has been prepared to accompany a planning application to Ararat Rural City

    Council as the Responsible Authority administrating the Ararat Planning Scheme, for the

    development of a dwelling on land being Crown Allotments 16 and 17, Section 1, Township

    of Ararat, Alexandra Avenue Ararat.

    The application site currently forms part of a broader landholding known as 60 Girdlestone

    Road Ararat. That property comprises of four (4) allotments, being CA’s 15 and 16 and

    CA’s 5 and 6.

    Allotments 5 and 6 have a frontage to Girdlestone Street and accommodate an historic

    dwelling known as the “Former Chisolm Residence’.

    The whole of the land falls within the General Residential Zone and is affected by a

    Heritage Overlay and in part by a Design and Development Overlay.

    The use of the land for a dwelling within the General Residential Zone is a Section 1 Permit

    not required use.

    However, a planning application is triggered for building and works by the Heritage Overlay

    (Clause 43.05). The DDO which applies to the land is not a permit trigger.

    This report provides details of the site and its environs, details of the proposed

    dwelling and an assessment against the relevant planning controls and policies of

    the Ararat Planning Scheme.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

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    2 Title Descriptions of the Land

    The land is contained within two (2) Certificate of Titles, being:

    • Volume 12170 and Folio 012, being CA 15 Title Plan 593005Q

    • Volume 12170 and Folio 013, being CA 16 Title Plan 67866U.

    CA 15 has an area of 487.64 square metres and CA 16 has an area of 524.3 square

    metres. The total area of the application site is 1012 square metres.

    An extract of the title plans follows:

    Figure 1: Volume 12170 and Folio 012, being CA’s 15 Title Plan 593005Q

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 5 of 19

    Figure 2: Volume 12170 and Folio 013, being CA 16Title Plan 67866U.

    A copy of the Certificates of Title are attached. Refer to Appendix A.

    3 Existing Conditions

    As detailed above the application site comprises of two (2) allotments which form part of the

    garden of an existing historic dwelling, sited on Crown Allotments 5 and 6.

    The existing dwelling on CA’s 5 and 6 is setback approximately 18.5 metres from the northern boundary of the application site (CA’s 15 and 16). The dwelling is orientated towards Girdlestone Street. A concrete pathway accessed from Alexandra Avenue meanders through the application site and services the dwelling located on CA’s 5 and 6. The land falls from north to south towards Alexandra Avenue. The fall across the

    application site is from 315 AHD to 311 AHD, being an overall fall of 4 metres.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

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    Existing Vegetation

    Several trees are scattered across the application site.

    The site plan indicates that five trees are proposed to be removed. There is no permit

    trigger for the removal of vegetation as detailed in Section 9 of this report.

    Refer to site and context photographs, Appendix B.

    An aerial photograph of the application site follows:

    Figure 3: Application Site

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 7 of 19

    4 The Proposal

    The proposal is to develop the application with a single storey detached dwelling. An extract of a site plan indicating the proposed boundary setbacks follows:

    Figure 4: Site Plan with setbacks from boundaries

    An extract of the feature and levels survey follows, with the footprint of the proposed

    dwelling overlaid on the survey plan. The complete Features and Levels survey forms part

    of the suite of dwelling plans, which form part of the application documentation.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 8 of 19

    Figure 5: Feature and levels survey with dwelling footprint

    The following suite of dwelling plans prepared by GJ Gardner Homes form part of the planning

    application documentation:

    • Site plan overlaid on a feature and levels survey of the site

    • Site Plan indicating the setbacks of the proposed dwelling from boundaries

    • Floorplan

    • Elevations

    The suite of plans are attached. Refer to Appendix C.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 9 of 19

    Figure 6: Floor Plan of Proposed Dwelling

    4.1 Site Context

    The property is located on the north side of Alexandra Avenue, midway along the Avenue.

    The application site is 81 metres east of Vincent Street and 79 metres west of Queen

    Street.

    The east side of the application site adjoins the Victorian Railways Institute Bowls Club.

    Alexandra Park is located to the west of the application site, in Vincent Street, directly

    opposite the western end of Alexandra Avenue. The Ararat hospital is located on the north

    side of Girdlestone Street, opposite the northern end of Vincent Street. The Ararat skate

    park is located opposite the application site.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 10 of 19

    The following plan indicates the location of the application site in the context of the broader

    Ararat.

    Figure 7: Site and Context Plan

    Application Site

    Figure 8: Aerial Photograph of Surrounds

    Application Site

    Skate Park

    VRI Bowls Club

    Car Park

    Alexandra Park

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 11 of 19

    5 Planning Policy Framework

    5.1 Clause 15.03-1S Heritage Conservation

    Clause 15.03-1S Heritage Conservation seeks to ensure the conservation of places of heritage significance. Strategies to achieve this objective include: Encourage appropriate development that respects places with identified heritage values. Encourage the conservation and restoration of contributory elements of a heritage place. Ensure an appropriate setting and context for heritage places is maintained or enhanced.

    6 Local Planning Policy Framework

    6.1 Clause 21.04 Environment

    Heritage: Clause 21.04-7 The municipality also contains a number of places of post European historic and cultural significance which are important to the local and wider community and must be protected and enhanced for their conservation and tourism potential. The sites (which were documented in the Ararat Heritage Study 1994) include buildings, bridges, trees, landscapes and general environments of national, state and local significance. The Ararat Heritage Study Review (2001) has added to this and has identified seven heritage precincts. Objective 1 – Heritage, seeks to protect, conserve and enhance areas, features and sites of historic, aboriginal, natural and cultural significance. The relevant strategies to achieve this objective include:

    • Identify and protect heritage places.

    • Encourage sympathetic forms of development adjacent to heritage sites.

    • Assess heritage applications in accordance with the Ararat Heritage Study 1994 at Clause 81. Ensure applicants demonstrate how any proposal complies with the Citations, Statements of Significance and/or Development Guidelines within the Ararat Heritage Study 1994.

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    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 12 of 19

    • Assess heritage applications in accordance with the Ararat Heritage Study Review 2001 at Clause 81. Ensure applicants demonstrate how any proposal complies with the Citations, Statements of Significance and/or Development Guidelines within the Ararat Heritage Study Review 2001.

    7 Zoning - General Residential 1 Zone

    The application site falls within the General Residential Zone Schedule 1.

    The purpose of the General Residential 1 Zone is as follows:

    • To implement the Municipal Planning Strategy and the Planning Policy Framework.

    • To encourage development that respects the neighbourhood character of the area.

    • To encourage a diversity of housing types and housing growth particularly in locations offering good access to services and transport.

    • To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

    An extract of the Ararat Planning Scheme Zoning Map follows:

    Figure 9: Zoning Map

    Application Site:

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 13 of 19

    Use and Development of a Dwelling

    Pursuant to the table of uses at Clause 32.08-2, the use of land for a dwelling is a Section 1

    Permit Not Required Use. The General Residential Zone provisions do not trigger a permit

    for building and works associated with a Section 1 use.

    Clause 32.08-4 Construction or Extension of a Dwelling or Residential Building

    The table to Clause 32.08-4 requires that an application to construct a dwelling on a lot

    must provide a minimum garden area for Lots above 650sqm of 35% of the Lot area.

    Garden Area is defined by the Ararat Planning Scheme (Clause 73.01 General terms) as:

    Any area on a lot with a minimum dimension of 1 metre that does not include:

    a) a dwelling or residential building, except for: an eave, fascia or gutter that does not

    exceed a total width of 600mm; a pergola; unroofed terraces, patios, decks, steps or

    landings less than 800mm in height; a basement that does not project above ground

    level; any outbuilding that does not exceed a gross floor area of 10 square metres;

    and domestic services normal to a dwelling or residential building;

    b) a driveway; or

    c) an area set aside for car parking.

    The application site has an area of 1012sqm and therefore an area of 354.2 sqm. must be

    provided as garden area.

    The overall footprint of the proposed dwelling (including garage) has an area of 239.44

    square metres. The overall area including the alfresco, portico, deck and concrete pad is

    292 sqm.

    The area available as garden area, being the balance of the application site is

    therefore 720 sqm which equates to 71% of the area of the application site.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

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    Clause 32.08-5 Construction and Extension of One Dwelling on a Lot

    Pursuant to Clause 32.08-5 a permit is required to construct or extend one dwelling on:

    • A lot of less than 300 square metres.

    • A lot of between 300 square metres and 500 square metres if specified in a schedule to this zone

    A permit is not triggered for the construction of a dwelling by this clause as the application site exceeds 500 sqm.

    8 Heritage Overlay (HO1066)

    The application site is affected by heritage Overlay HO1066.

    Figure 10 – Heritage Overlay Map Application site:

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 15 of 19

    Pursuant to Clause 43.05 a planning permit is triggered for building and works. The purpose of the Heritage Overlay is as follows:

    • To implement the Municipal Planning Strategy and the Planning Policy Framework.

    • To conserve and enhance heritage places of natural or cultural significance.

    • To conserve and enhance those elements which contribute to the significance of heritage places.

    • To ensure that development does not adversely affect the significance of heritage places.

    • To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

    Scope The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map. Permit requirement A permit is required to:

    • Construct a building or construct or carry out works Statements of significance The schedule to this overlay must specify a statement of significance for each heritage place included in the schedule after the commencement of Amendment VC148. The Heritage Place is described as follows in the Schedule to the Heritage overlay:

    Figure 11: Schedule to Heritage Overlay

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

    Pierrepoint Planning PO Box 5003 Tarrington Vic 3301 Ph. 5572 5558 Page 16 of 19

    The former Chisholm residence is located on parcels of land that abut the northern boundary of the application site. There are no buildings located on the application site. It is noted that tree controls do not apply.

    The significance of the dwelling (on CA’s 5 and 6) is described by the Citation in the Ararat Heritage Study as follows:

    “The Former Chisholm residence is of local significance historically as an example of the trend of shopkeepers moving away from their shops early this century and of farmers taking up residence in the town in later decades, and architecturally as an example of the work of the local architect, Michael Ryan”.

    The Dwelling is described as follows:

    “The house is a typical example of its period using a mixture of late Victorian form, materials and details with some newer ideas. It is well positioned to look over the gully that leads to Alexandra gardens and addresses both streets”.

    Condition and Integrity

    “The building is in good condition and retains a high degree of integrity. It has remnants of its original garden”.

    The Extent of the Heritage

    “The significance of the Former Chisolm Residence extends to the whole of the building and to the whole of the land. While not connected historically to the hospitals it should be seen in this context”.

    There is no evidence on the application site of the original garden surviving, with the exception of the concrete pathway which provides a connection between the dwelling and Alexandra Avenue. It is noted that no tree controls apply. The trees that are scattered across the application site are not original tree plantings. A series of Site photographs depicting the existing vegetation on the site are attached. Refer to Appendix B.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

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    9 Design and Development Overlay (Schedule 4)

    Part of the application site is affected by Design and Development Overlay Schedule 4 : Ararat Hospital Emergency Medical Services Helicopter Flight Path Protection (Inner Area) The Design Objectives of DDO 4 are as follows:

    • To ensure that the height of buildings and works do not encroach on the flight path areas associated with the Ararat Hospital helicopter landing site.

    • To ensure that the height of development avoids creating a hazard to aircraft using the Ararat Hospital helicopter landing site.

    Buildings and works A permit is not required to construct a building or to construct or carry out works that would result in the height of the building or works being less than the referral height, being 326.0 metres above the Australian Height Datum (AHD). The application site falls from 315m AHD along the north boundary to 311m AHD along the south boundary. The highest part of the site (i.e. 315m AHD) is therefore 11 metres below the referral height being 326m AHD. The highest part of the site that the dwelling is proposed to be sited on has a level of 314m AHD. The proposed dwelling has a maximum height of 5.285 metres and therefore the proposed finished building height at its highest point will be 319.285 m AHD, being significantly below the permit trigger level of 326m AHD. The DDO is thus not a permit trigger for the development of the proposed dwelling.

    10 Removal of Vegetation It is proposed to remove several trees from the application site, as indicated on the site plan which forms part of the planning application documentation. Pursuant to the Table of Exemptions at Clause 52.17.7 of the Ararat Planning Scheme, the requirement to obtain a permit for the removal of native vegetation does not apply to native vegetation that is to be removed, destroyed or lopped on land, together with all contiguous land in one ownership, which has an area of less than 0.4 hectares. The application site has an area of 1012 square metres, and the application site combined with the contiguous land in the same ownership (being CA’s 5 and 6 which accommodate an existing dwelling) has a total; area of 3073 square metres and therefore the removal of native

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

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    vegetation is exempt from a permit. Further, as noted in Section 7 of this report tree controls do not apply to the application site under the provisions of the Heritage Overlay.

    11 Conclusion

    The proposal involves the development of a dwelling on two (2) vacant parcels of land which are proposed to be consolidated. The use and development of land having an area of over 500 square metres does not trigger the need for a planning permit under the provisions of the General Residential Zone 1. The Design and Development Overlay which applies to the land is not a permit trigger. The need for a planning permit for building and works is triggered by the Heritage Overlay. However, the heritage citation which applies to the land relates to the Former Chisholm Residence located on adjoining allotments to the north. The application site forms part of the garden to the south of the Former Chisholm residence. The Heritage Place (HO66) is not subject to tree controls. In any event none of the original garden appears to have been saved. The proposed development of a dwelling on the application is consistent with Planning Policy, the General Residential Zone provisions and the Heritage Overlay provisions of the Ararat Planning Scheme.

  • Proposed Dwelling CA 16 and CA 17 Section 1 Township of Ararat - Alexandra Avenue Ararat

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    Appendix A – Certificates of Title Appendix B – Site and Context Photographs Appendix C – Suite of Dwelling Plans